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Development of a Permit Program for Incidental Take of Migratory Birds

Development of a Permit Program for Incidental Take of Migratory Birds

Full Title:  Development of a Permit Program for Incidental Take of Migratory Birds
Author(s):  Holland and Hart, LLC
Publisher(s):  INGAA
Publication Date: February 1, 2010
Full Text: Download Resource
Description (excerpt):

The Migratory Bird Treaty Act (“MBTA” or “Act”) is a federal law administered by the United States Fish and Wildlife Service (“FWS” or “Service”) that protects migratory birds. The Act carries out the United States’ commitment to four international conventions with Canada, Japan, Mexico, and Russia, respectively, which protect birds that migrate across international borders. The MBTA makes it unlawful to “take” individuals, nests, or eggs of the migratory bird species named in these international treaties, unless expressly permitted by federal regulations or authorized under a valid permit. Although permits may be obtained to import migratory birds, collect such birds for scientific purposes, or destroy depredating migratory birds, permits are not generally available under the Act for incidental take of migratory birds caused by industrial operations, such as interstate natural gas pipeline development.

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